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State of Ark. seeks dismissal of lawsuit challenging gay marriage ban

Friday, January 31, 2014
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LITTLE ROCK, Ark. — The state of Arkansas is asking a federal judge to throw out a lawsuit challenging a voter-approved law that bans same-sex marriage on grounds that the plaintiffs’ rights aren’t being violated.

Arkansas Attorney General Dustin McDaniel’s office on Friday filed court papers arguing that sexual orientation is not a cause for equal protection and that the plaintiffs aren’t being treated differently because of their gender.

The motion also argues that the state officials targeted in the suit should be dropped as defendants because they’re not responsible for enforcing the gay marriage ban.

Pulaski County Clerk Larry Crane is also named as a defendant.

Arkansas voters in 2004 approved a constitutional amendment defining marriage as between one man and one woman. The measure passed by a 3-1 margin.

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